- 12 - interest in the partnership", pursuant to section 1.704- 1(b)(3)(i), Income Tax Regs. Respondent disagrees, however, with the estate's assertion that the partners each have a 50-percent interest in the partnership, and instead argues that James has a 100-percent interest in the partnership. Thus, respondent contends that all of the income reported by the animal farm business for the years 1990 through 1993 should be allocated to the estate. In support thereof, respondent notes that, "up to 1994, James had contributed almost $1,000,000 more in capital to the partnership than Darwin." Respondent further notes that, "under applicable state law, James is entitled to a liquidation distribution of the amount by which his contributions exceed Darwin's before Darwin is entitled to any distributions." Finally, respondent notes that "the value of the partnership's assets in excess of its liabilities amounted to less than $150,000". Therefore, according to respondent, James bore the entire economic benefit and burden of the partnership income during the years in question and should be allocated all of the partnership income for the years in issue. In effect, respondent acknowledges that the protective notice of deficiency issued to Darwin and his wife in which respondent adjusts their income for 1990, 1991, and 1993Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011